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HomeMy WebLinkAboutCorrespondenceROWE & HAMILTON ______________________________________________ ATTORNEYS AT LAW TIMOTHY A. ROWE DAVID W. HAMILTON AMY VAN OSTRAND 101 WEST OHIO STREET SUITE 1701 INDIANAPOLIS, INDIANA 46204 PHONE: FAX: (317) 632-2524 (317) 631-5905 June 26, 2022 VIA ELECTRONIC MAIL (jshestak@carmel.in.gov) AND VIA HAND DELIVERY City of Carmel ATTN: Joe Shestak, Secretary, City of Carmel Bd. of Zoning Appeals Carmel City Hall 1 Civic Square Carmel, Indiana 46032 RE: City of Carmel Board of Zoning Appeals Meeting, June 27, 2022 241 1st Ave. SE, Carmel – Thomas Residence Variance Request Docket No. PZ-2022-00096 Dear Members of the Carmel BZA: Please allow this correspondence to respectfully express questions and concerns regarding the Jim Thomas Residence Variance Request (for a home Mr. Thomas is building at 241 1st Ave. SE, with a variance request under Docket No. PZ-2022-00096) that will be the subject of the City of Carmel Board of Zoning Appeals Meeting scheduled for June 27, 2022. I own a historic home two doors down from the new home that Mr. Thomas is building, and for which Mr. Thomas has requested a variance to allow him to cover 49% of his lot, versus the maximum 45% that is allowed by law. I asked an engineer to review Mr. Thomas’ variance request, along with Mr. Thomas’ “Technical Report” and “BMP Operation & Maintenance Manual” that he filed with the City of Carmel for his proposed construction/variance, as I elaborate on below. My husband, Derek, and I have owned 321 1st Ave. SE – a 132-year old home that’s one of the oldest structures in Carmel, and was recently featured in an article in Carmel Monthly – for 22 years. We’ve watched most of the homes on our street – part of the historic John Phelps subdivision, platted before 1900 – be demolished, with sprawling new homes built in their place. Redevelopment yields benefits for residents, but, in some instances, harms historic properties. Therefore, Derek and I have invested in the preservation of our home, and worked with the Carmel Clay Historical Society, Indiana Landmarks, and Carmel Monthly, to spotlight the home’s history, to try to help it survive another 100+ years. We don’t want to invite resentment from new neighbors, who are building new homes adjacent to us, and have greater resources and influence than we do. But we need to balance our desire to not be perceived as oppositional, with our obligation to be responsible stewards of our home, and preserve it for the future. After reviewing Mr. Thomas’ construction plans with an engineer, we have learned the variance Mr. Thomas requested could present potential flooding into our home. Mr. Thomas is building a 5,719 square foot home on a lot where he removed a smaller 100+ year old historic home. Here is the diagram from Mr. Thomas’ “BMP Operation & Maintenance Manual,” which Mr. Thomas filed with the City of Carmel, which details Mr. Thomas’ proposed storm water drainage detention system. The colored highlighting on the diagram is from the engineer whom we asked to review Mr. Thomas’ plans/proposed variance: According to the “Technical Report” that Mr. Thomas filed with the City of Carmel, “to address the additional [storm water] runoff” generated by Mr. Thomas’ home, which Mr. Thomas acknowledges in the “Technical Report” is “larger” than the historic home he demolished, Mr. Thomas plans to install “210 linear feet of perforated 12” underground detention piping,” into which storm water from Mr. Thomas’ roof will flow. That storm water will initially drain into an underground “detention system” that will hold “an approximate 550 cubic feet” of storm water. Of note, this is a mere .4 of an inch of rain – a very small amount. Then, when Mr. Thomas’ underground storage container becomes full of rain – which will happen frequently, given that it will store less than ½ inch of rain – the storm water will flow through the underground piping and “discharge” into the “existing stone alley” that Mr. Thomas will be converting to an “asphalt pavement” driveway, and will “then flow west towards 1st Avenue.” See Mr. Thomas’ “Technical Report,” filed with the City of Carmel. The key questions the engineer whom we asked to review these plans encouraged us to respectfully raise are: 1. Where, more precisely, will Mr. Thomas’ discharged storm water be directed? Will Mr. Thomas’ storm water be discharged into the City of Carmel’s storm system, which would be most appropriate (and would require Mr. Thomas’ to connect to the City’s storm system)? Or will it be attempted to be discharged onto 1st Ave., to run southward, down the street (assuming – and this is the key concern – that the storm water makes it onto the street properly, rather than flowing directly into our 132-year old home)? 2. Assuming Mr. Thomas will attempt to discharge his storm water onto 1st Ave., rather than into the City’s storm system, what efforts will Mr. Thomas make to ensure that his storm water actually goes onto 1st Ave., rather than traveling south through the Dave Ryker property located between Mr. Thomas’ home and my and my husband’s home? In other words, will Mr. Thomas’ storm water travel through a recess in the curb that Mr. Thomas is placing in the “existing stone alley” that he is converting to an “asphalt pavement”? Or will Mr. Thomas be using an elbow at the discharge point, to help ensure that he actually directs his storm water onto 1st Ave? And how high will the curb that Mr. Thomas is installing adjacent to the “existing stone alley” be (his plans with the City of Carmel do not specify that, and, therefore, it is unclear whether the curb will be high enough to actually direct water out onto 1st Ave.)? Also, will the “existing stone alley” that Mr. Thomas is converting into an “asphalt pavement” driveway be sloped sufficiently to properly direct Mr. Thomas’ storm water onto 1st Ave. (Mr. Thomas’ plans with the City of Carmel do not specify the slope of the driveway)? We welcome Mr. Thomas as a future new neighbor, and appreciate his investment in Old Town Carmel. But we would be appreciative if the above questions/concerns could please be addressed before any decision is made regarding Mr. Thomas’ variance request. I would be grateful if someone could please call me at 317-687-2728, or email me at avanostrand@roweandhamilton.com, to discuss the above questions/concerns. Thank you for your time and consideration. Respectfully, Amy Van Ostrand